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Thus, prior to the CPR coming into force, applications for interim relief under s 25(1)
of the 1982 Act were procedurally governed by O 29 r 8A of the Rules of the Supreme
Court. The mode of commencement prescribed for such applications was by
originating summons and certain other provisions of O 29 were expressly made
applicable.
The terms of s 25 of the 1982 Act make it clear in the UK that the court has a
complete discretion as to whether it should exercise the power. Section 25(2) provides
that :-
"On an application for any interim relief under subsection (1) the court may refuse to grant
that relief if, in the opinion of the court, the fact that the court has no jurisdiction apart from
this section in relation to the subject matter of the proceedings in question makes it
inexpedient for the court to grant it ......"
As Lord Bingham CJ puts it :-
"...... attention is focused on the inexpediency or expediency of granting interim relief having
regard to the absence of jurisdiction to do so apart from section 25."
Notes
See White Book 1999, 29/8A/1-26. Under the CPR, the application is brought under CPR 8, and
application for leave to serve out of the jurisdiction made under CPR 6.20(4): see White Book
25.4.2.
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